State of Utah v. Ridley

----ooOoo----

State of Utah,
Plaintiff and Appellee,

v.

Shawn Hugo Ridley,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020563-CA

F I L E D
September 26, 2002 2002 UT App 308 -----

Eighth District, Roosevelt Department
The Honorable John R. Anderson

Attorneys:
Shawn Hugo Ridley, Fort Duchesne, Appellant Pro Se
Mark Shurtleff and Laura B. Dupaix, Salt Lake City, for Appellee -----

Before Judges Jackson, Billings, and Bench.

PER CURIAM:

This case is before the court on Appellee's motion to dismiss for lack of jurisdiction, pursuant to rule 10 of the Utah Rules of Appellate Procedure. Appellant seeks appeal of the trial court's denial of his motion to transfer this case to the Ute Tribal Court. However, the trial court's order is not final and appealable. See Utah R. App. P. 3(a). In a criminal case, the sentence itself "constitutes a final judgment from which appellant has the right to appeal." State v. Gerrard, 584 P.2d 885, 886 (Utah 1978). The order of the trial court is interlocutory. Appellant has not petitioned this court for interlocutory review, pursuant to rule 5 of the Utah Rules of Appellate Procedure, and the time to request interlocutory review has expired.

Accordingly, this court lacks jurisdiction to consider the appeal. Appellee's motion to dismiss the appeal is granted, without prejudice to filing of an appeal upon entry of a final appealable order.
 
 

______________________________
Norman H. Jackson,
Presiding Judge
 
 

______________________________
Judith M. Billings,
Associate Presiding Judge
 
 

______________________________
Russell W. Bench, Judge